Terms and Conditions
MY AMERICAN PRIZES
TERMS OF USE & BINDING ARBITRATION
Last Modified: 10/1/23
Welcome to MyAmericanPrizes’ website, owned and operated by My American Prizes ("MyAmericanPrizes", "we", "us" and "our"). Please read the following Terms of Use as they, together with all the other Terms and Conditions referred to below, govern your access and use of our Site.
AGREEMENT TO TERMS FOR USE OF WEBSITE INCLUDING MANDATORY ARBITRATION
Your access to, and use of, www.myamericanprizes.com and your participation in the sweepstakes promoted on the Website ("Sweepstakes") or any other promotion on the Website is subject to the following Terms of Use and all applicable laws and regulations. The Website is owned and operated by MyAmericanPrizes.com, 68 White St, Unit 7-291, Red Bank, NJ 07701. You must be a legal resident of the United States and over the age of 18 to use the Website. Your use of this Website and/or participation in the Sweepstakes, contests, or other promotions on the Website or available through the Website constitutes your acceptance of these terms and gives rise to a binding contract between you and us. These Terms of Use incorporates the posted Privacy Policy as though fully set forth herein. If you do not agree and accept these Terms of Use or Privacy Policy, please do not use or visit the Website or participate in any Sweepstakes, contest or other promotion by or through the Website. We reserve the right to modify these Terms of Use at any time in our sole discretion. Any material change will be noted above and such terms shall be enforced from the date of posting forward. No provision of these Terms of Use or modification thereof shall create any rights in or benefits to any third party.
Mandatory Arbitration & Waiver of Right to Class Action. These Terms of Use contain a mandatory arbitration provision that requires you to arbitrate individually any disputes or claims you may have with us and waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on the Website.
SPONSORED SWEEPSTAKES (GENERAL)
We promote Sponsored Sweepstakes. The Sponsor provides the content including, but not limited to, Official Rules and Prizes. The rules and terms applicable to each Sponsored Sweepstakes including eligibility, how to enter and no cost alternative means of entry are governed by the applicable official sweepstakes rules ("Sweepstakes Rules") published on the Website or through a link on the Website. Please refer to them when participating in a Sweepstakes. If there is a conflict between an applicable Sweepstakes Rules and these Terms of Use, the applicable Sweepstakes Rules shall govern. In the event the Website becomes inaccessible or inoperable for any reason you agree that we shall not be responsible or liable in manner you or anyone due to or as a result of any such inaccessibility or inoperability. There is no fee payable by you for using the website and no purchase is necessary to participate in the Sweepstakes or any other Promotion contained on or available through this Website. Your access to this Website is pursuant to a free, limited, revocable and non-exclusive license from Us, which may be modified, terminated, restricted or limited by Us at any time.
INTELLECTUAL PROPERTY RIGHTS
The Website, its content ("Content") is owned, trademarked and copyrighted by us with all rights reserved, except for third party trademarks, logos or service marks which are owned by the respective owners. Your use of any Content, without the written permission is strictly prohibited. As a user of the Website, we grant you a non-exclusive, non-transferable, revocable and limited license to access and use the Content for your own personal, non-commercial use in accordance with these Terms of Use. By submitting any content to us, you grant us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from and use such content in any form, media or technology now known or hereafter developed. You waive any moral rights you may have in or to such content. If you are a prize winner, you are granting us all publicity rights in your image and name.
PRIVACY
Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Posted Privacy Policy which is incorporated herein as though fully set forth. Any communication or material you transmit to us by electronic mail or otherwise, including but not limited to questions, comments, suggestions, or inquires will be treated as, non-confidential and non-proprietary. Your acceptance of a prize from or through the Website shall, unless prohibited by law, constitute a grant to us of all rights to print, publish, broadcast or use, worldwide, in any media now known or hereafter discovered and at any time, your name, picture, voice, likeness and/or biographical information for promotional purposes without additional compensation and without additional consent from you.
REGISTRATION & ACCOUNT
To register for the Website, you must complete and submit the online registration form. The information you must supply may include, but is not limited to, your full name, postal address, phone number, email address (where available) and date of birth. You agree to provide true, accurate, current and complete information during registration and also agree to update your registration information as necessary to maintain it in an up to date and accurate fashion.
FRAUDULENT ACTIVITY & SECURITY
We strictly prohibit user fraud and abuse relating to access to and use of the Website or any Promotion made available on or through the Website. In accessing the Website or participating in any Promotion, or any other activities, products or services offered by or through the Website, you represent and warrant that: (a) all information you supply is complete and accurate, (b) you are not acting in violation of any applicable laws, rule or regulations or of this Terms of Use and (c) you will not circumvent or attempt to circumvent any provision in these Terms of Use or a security feature on the Website or engage in any activity that interrupts or attempts to interrupt the operation of the Website. If you or someone through you engages in, participates in or displays behavior demonstrating improper, unauthorized or unfair methods or activities on the Website, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots and/or use of gaming software or programs), accessing the Website from an ineligible location or IP address, using automated technology, proxy servers or other means to conceal your identity, collusion with other users or any other act or circumstance that unfairly alters your chance of winning, gives you an unfair advantage, or constitutes the commission of fraud or harassment of other participants, posting of objectionable material, any breach of this Agreement, any breach of the security of your account or the Website or any other activity that we, in our sole discretion, deem to be abusive, shall be subject to immediate sanctions as determined in our sole and absolute discretion, including without limitation: (1) account termination without notice; access to the Website blocked; (2) all entries submitted by you will not be valid and you will not be eligible to win; (3) any "winning" invalid entries will be void; (4) any prizes otherwise awarded to you shall be void and/or forfeited; and (5) any prizes already received by you shall be subject to disgorgement and/or recoupment by the Website. Actual or attempted unauthorized use of this Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor and record activity on this Website without notice to or permission from you. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on this Website. We will comply with all court orders involving requests for such information.
You agree not to bypass or attempt to bypass the home page of this Website and "deep link" to any other page in this Website or frame our content within another website, or copy or use our content in another medium without Our express written permission.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF MY AMERICAN PRIZES OR ANY SWEEPSTAKES ASSOCIATED WITH THIS WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE PROGRAM PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED.
THIRD PARTY PRODUCTS/SERVICES
The Website may feature advertisements, links, materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do we guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party materials, products and services, or any other materials, products and services which may be accessed or acquire through such third party materials, products and services. We expressly disclaim responsibility and liability for all third party materials, products and services contained on or accessed through the Website.
INDEMNIFICATION
By using our Site, you agree to defend and hold harmless any or all of Our Companies against any demands, claims or actions arising out of or as a result of your access to or use of the Site, your breach or violation of our Terms of Use, including any breach arising from violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of any person or entity ("Claim") and you shall indemnify and hold Our Companies harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense. When we use the phrase "you will defend and indemnify us" anywhere in our Terms of Use, it means and refers to the foregoing provisions of this section of our Terms of Use.
DISCLAIMER OF WARRANTIES
THE WEBSITE, ANY SERVICE PROVIDED BY US, ANY SPONSORED SWEEPSTAKES, SUBMISSIONS AND CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (i) THE WEBSITE, ANY SERVICE PROVIDED, PRIZES, SUBMISSIONS AND/OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE WEBSITE, ANY SERVICE PROVIDED, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, ANY SERVICE PROVIDED, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, ANY SERVICE PROVIDED, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, EMAIL MESSAGES AND ANY OTHER PERSONAL INFORMATION RELATING TO THE WEBSITE, ANY SERVICE PROVIDED, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE WEBSITE, ANY SERVICE PROVIDED, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE WEBSITE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE.
Some jurisdictions may not allow the exclusion of implied warranties. Without limiting the foregoing, we neither warrant nor represent that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any emails, transmissions, posts, and the like that may be on the Website, we assume no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Website.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE ANY COMPANY PRODUCT AND/OR SERVICE THAT MAY BE OFFERED VIA THE WEBSITE; (B) ANY MATTER RELATING TO ANY PROMOTIONS THAT MAY BE AVAILABLE VIA THE WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; OR (E) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR SERVICES THAT MAY BE MADE AVAILABLE ON THE WEBSITE AND/OR THE WEBSITE ITSELF. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR ANY COMPANY PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE WEBSITE AND/OR THE PROMOTIONS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
GOVERNING LAW
Our Terms of Use and your use of our Site shall be construed, governed by and enforced under the substantive laws of the State of New York. applicable to parties resident in and contracts made, executed and wholly performed within the State of California. You submit to the jurisdiction of the State and Federal courts situated in The Southern District of New York, USA in all disputes arising out of or related to the use of the Site or Service and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms of Use.
YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER OUR TERMS OF USE OR YOUR USE OF OUR WEBSITE
BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. Should a dispute arise concerning the Website, Promotions, Content, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in New York, New York, in accordance with the then-current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us by contacting us at [email protected]. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration by contacting us as [email protected]. The parties agree that the arbitrator shall not consolidate more than one person’s claims, and shall not otherwise preside over any form of a representative or class proceeding. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that you incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Website.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first visit the Website.
THIRD PARTY WEBSITES
The Website, sweepstakes, Content, emails or other transmissions may contain links to Websites owned or operated by parties other than us. These links are provided for your convenience only. We do not control, and are not responsible for, the content or privacy policies on, or the security of, such Websites and disclaim any responsibility relating to such Websites. Neither do we endorse the content, or any products or services available, on such Websites.
No information or advice obtained by you from a posting on our Website shall create any warranty not expressed stated in these Terms of Use. We are not responsible or liable for the availability, usefulness or accuracy or any information made available through the Website, and shall not be responsible for any investment, medical, health, financial, or other decision based on such information.
REVISIONS TO THE TERMS
We may revise these Terms of Use at any time in the future to (i) improve or modify the Website or any services provided thereon or through, (ii) reflect future developments in our data information gathering, storing and release practices, (iii) comply with applicable laws, and (iv) changes in our business structure. Accordingly, you should review these Terms of Use from time to time to check for updates as no further notice other than posting will be provided to you. Your continued use of the Website and/or participation in a Sweepstakes shall evidence your acceptance of any changes. All changes shall be forward facing and implemented from the date of posting forward.
GENERAL PROVISIONS
These Terms of Use constitute the entire agreement between you and us in connection with your use of the Website and supersedes all prior agreements between the parties regarding the subject matter contained herein with the exception of the applicable Official Sweepstakes Rules which shall govern in the event of a conflict with these Terms of Use. We have the right at any time or from time to time to modify or amend the terms and conditions of this Agreement and display such changes which shall act as an amendment to these Terms of Use without further notification to you. Use of the Website by you after such posting shall constitute acceptance of the modified or amended terms. No modification made by you shall be binding upon us unless it is made in writing and signed by us. Delaware law governs the performance and interpretation of these Terms of Use, without regard to any conflicts of law provisions. If any provision of these Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under these Terms of Use will act as a waiver of such rights. If the performance of any part of these Terms of Use is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other cause or causes beyond our control, we shall be excused to the extent that we are prevented, hindered or delayed by such cause or causes. If you violate these Terms of Use, or otherwise create legal exposure or risk for us, we will stop providing all or part of Service to you. You may be notified by email or at the next time you attempt to access your account, or your access may be stopped without notice. By deleting your account and access all services will be terminated including termination from any current Sweepstakes you have entered. You may also delete your account in full by contacting us at the address at the bottom of this policy.
ELECTRONIC SIGNATURE
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE OFFICIAL SWEEPSTAKES RULES, AND OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED BY REFERENCE HEREIN, AND EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN DOCUMENT SIGNED BY YOU. ANY USE OF THIS WEBSITE BY YOU AFTER ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS AND CONDITIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MOST CURRENT VERSION OF THESE TERMS AND CONDITIONS AND THE AMENDMENT OF THE AGREEMENT BETWEEN US TO INCORPORATE SUCH AMENDED TERMS AND CONDITIONS.
CONTACT INFORMATION
Postal: 68 White St, #7-291, Red Bank, NJ 07701
Email: [email protected]